Jose Jaimes Sierra v. Nasly Riascos Tapasco
694 F. App'x 957
| 5th Cir. | 2017Background
- Jaimes (Mexican national) and Riascos (Colombian national) lived together in North Carolina and had a daughter, K.J.R., in 2009; they never married.
- After a 2011 domestic-violence charge, Jaimes voluntarily returned to Mexico in 2012 with Riascos’s notarized travel authorization for the child; Riascos remained in the U.S. but visited Mexico several times without taking the child.
- Jaimes and K.J.R. lived in Mexico City, enrolled K.J.R. in school, updated immunizations, and traveled together (including a trip to Colombia in late 2013 where Riascos reauthorized travel with Jaimes).
- In July 2014 Riascos traveled to Mexico for the child’s birthday and left Mexico with K.J.R. on a bus to Houston; Jaimes filed a Hague Convention petition seeking the child’s return.
- The district court found Jaimes proved by a preponderance that the parties shared a mutual intent to supplant K.J.R.’s habitual residence to Mexico, that Jaimes had custody rights, and that those rights were being exercised when the child was removed; Riascos appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether K.J.R.’s habitual residence had been supplanted to Mexico (shared parental intent standard under the Hague Convention) | Jaimes: the parties shared a mutual intent to abandon the U.S. residence and establish habitual residence in Mexico (travel authorizations, schooling, residence, travel history) | Riascos: she did not share that intent and therefore her removal/retention was wrongful | Court affirmed: district court did not clearly err — shared intent found and habitual residence was Mexico; Jaimes met his burden |
Key Cases Cited
- Delgado v. Osuna, 837 F.3d 571 (5th Cir.) (standard for petitioner’s burden under Hague Convention; shared-intent review for clear error)
- Larbie v. Larbie, 690 F.3d 295 (5th Cir.) (parents’ shared intent/settled purpose guides habitual-residence determination)
- Berezowsky v. Ojeda, 765 F.3d 456 (5th Cir.) (explaining threshold test that both parents intend to abandon the prior habitual residence)